Appellate Terms of the Supreme Court of New York, 1929

Kaplan v. Stogop Realty Co.

Appellate Terms of the Supreme Court of New York · Decided February 7, 1929

133 Misc. 611; 233 N.Y.S. 113; 1929 N.Y. Misc. LEXIS 661

Counsel

Jacob J. Lazaroe, for the appellants., Chester E. Frankel, for the respondents.

Opinion of the Court

Per Curiam.

Plaintiffs were not transient persons within the meaning of the common-law rule which makes the innkeeper an insurer of the property of his guests. (Hancock v. Rand, 94 N. Y. 1; Crapo v. Rockwell, 48 Misc. 1.) Whether the defendant hotel is liable for the value of the stolen property on the ground of negligence is not before us.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellants to abide the event.

All concur; present, Delehanty, Lydon and Crain, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.